Blog Profile / 43(B)log


URL :http://tushnet.blogspot.com/
Filed Under:Industries / Law
Posts on Regator:3119
Posts / Week:6.4
Archived Since:March 17, 2008

Blog Post Archive

Court trebles damage award based on willful false advertising, over advisory jury verdict

4 months agoIndustries / Law : 43(B)log

Concordia Pharmaceuticals, Inc. v. Method Pharmaceuticals, LLC, No. 3:14CV00016, 2017 WL 837688 (W.D. Va. Mar. 2, 2017) A jury found that Method engaged in false advertising; that Concordia was entitled to $733,200.00 in actual or compensatory damages; and that the false advertising wasn’t willful. Show More Summary

"same quality as Made in USA" is not puffery, says magistrate

4 months agoIndustries / Law : 43(B)log

University Loft Co. v. Blue Furniture Solutions, LLC, 2017 WL 876312, NO. A–15–CV–826 (W.D. Tex. Mar. 3, 2017) (report and recommendation of magistrate judge) University sued Blue alleging false advertising and trademark infringement...Show More Summary

Reading list: IP in the criminal justice system

4 months agoIndustries / Law : 43(B)log

Rebecca Wexler, Life, Liberty, and Trade Secrets: Intellectual Property in the Criminal Justice System Abstract From policing to evidence to parole, data-driven algorithmic systems and other automated software programs are being adopted throughout the criminal justice system. Show More Summary

Reading List: Brian Frye, Invention of a Slave

4 months agoIndustries / Law : 43(B)log

Reading list: Brian L. Frye, Invention of a Slave Abstract: On June 10, 1858, the Attorney General of the United States issued an opinion concluding that a machine invented by a slave could not be patented, because neither the slaveShow More Summary

Terms and Conditions

4 months agoIndustries / Law : 43(B)log

Reading list: new comic book, Terms and Conditions: transformative work of the day, using iTunes’ terms and conditions combined with illustrations in the style of various comic artists. Steve Jobs as Joe Cool Tumblr here. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

Clearblue's corrective advertising not so clear

4 months agoIndustries / Law : 43(B)log

Via Alex Roberts: As she said, only a lawyer could love it--also that URL; who'd type that in? http://tushnet.blogspot.com/feeds/posts/default?alt=rss

Another fake discount allegation survives challenge to plaintiff's theory of harm

4 months agoIndustries / Law : 43(B)log

Munning v. The Gap, Inc., 2017 WL 733104, No.16-cv-03804 (N.D. Cal. Feb. 24, 2017) Munning bought a pair of swim trunks from the Gap Factory retail website, and one dress and one sweater from the Banana Republic Factory website, each advertised as being on sale, e.g. Show More Summary

Reading list, good titles edition

4 months agoIndustries / Law : 43(B)log

Kacy Popyer. Note. CACHE-22: the fine line between information and defamation in Google's autocomplete function. 34 Cardozo Arts &; Ent. L.J. 835-861 (2016)But why no publicly available copy, Cardozo Arts & Ent. L.J.? http://tushnet.blogspot.com/feeds/posts/default?alt=rss

Reading list: women in technology

4 months agoIndustries / Law : 43(B)log

Sacha Judd on where to point the "pipeline": fandom--includes discussion of the Organization for Transformative Works' AO3. Also worth reading is the linked talk from the founder of Pinboard, who writes hilariously and respectfully about...Show More Summary

Bridging the Gap Between the Federal Courts and the U.S. Patent and Trademark Office

4 months agoIndustries / Law : 43(B)log

Boston University Journal of Science and Technology Law Symposium Sorry, guys, I did not follow the patent panels. Panel III: Trademarks Rebecca Tushnet, Fixing Incontestability: The Next Frontier Incontestability is a nearly unique feature of American trademark law, with a unique American implementation. Show More Summary

Blast from the past: pleading falsity based on scientific claims

4 months agoIndustries / Law : 43(B)log

Biolase, Inc. v. Fotona Proizvodnja Optoelektronskih Naprav D. D., No. CV 14-0248, 2014 WL 12579802 (C.D. Cal. Jun. 4, 2014) A rare case applying the Second Circuit's ONY case and perhaps suggesting why that case wasn’t a blockbuster. Show More Summary

Craigslist credit scam by affiliate leads to FTC action

4 months agoIndustries / Law : 43(B)log

Federal Trade Commission v. Credit Bureau Center, LLC, 2017 WL 680344, No. 17 C 194 (N.D. Ill. Feb. 21, 2017) I think Eric Goldman will see a §230 issue here. The FTC sued CBC, Michael Brown, Danny Pierce, and Andrew Lloyd seeking aShow More Summary

Re:Create features fan vidders for fair use week

4 months agoIndustries / Law : 43(B)log

See (and watch!) here. Lim's Marvels is my favorite of her work, but her editing is generally flawless. I find it a particularly good example for fair use week because of the way it shamelessly panders to the female gaze, all the way through, no longer making us look for scraps. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

Court won't hear false advertising and contributory liability claims based on tinnitus credentialing

4 months agoIndustries / Law : 43(B)log

Academy of Doctors of Audiology v. International Hearing Society, 2017 WL 679354, No. 16-13839 (E.D. Mich. Feb. 21, 2017) IHS held a training program on tinnitus care in Orlando, Florida, stating that it would provide a “Tinnitus Care Provider Certificate” to people who completed the program and passed an examination. Show More Summary

Reading list: aesthetic nondiscrimination and fair use

4 months agoIndustries / Law : 43(B)log

Brian L. Frye, Aesthetic Nondiscrimination & FairUse, 3 Belmont L. Rev. 29 (2016) ABSTRACT While courts do not consider the aesthetic value of an element of a work in determining whether it is protected by copyright, they do consider the aesthetic value of the use of a copyrighted element of a work in determining whether that use is a fair use. Show More Summary

State law can't protect uncopyrightable design for useful article

4 months agoIndustries / Law : 43(B)log

Ultraflo Corp. v. Pelican Tank Parts, Inc., No. 15-20084 (5th Cir. Jan. 11, 2017) A nice citation for the proposition that §301 preemption covers both copyrightable and uncopyrightable matter. Ultraflo argued that Pelican engaged inShow More Summary

Gun gag rule case provides good overview of post-Reed First Amendment doctrine

4 months agoIndustries / Law : 43(B)log

Wollschlaeger v. Governor, No. 12-14009 (11th Cir. Feb. 16, 2017) The court of appeals at last mostly overturns Florida’s Firearms Owners’ Privacy Act (FOPA), after several false starts. The AMA “encourages its members to inquire asShow More Summary

Reading list: poetry and copyright norms

4 months agoIndustries / Law : 43(B)log

Evan Nelson, Unacknowledged Legislators: The ContemporaryPoetry Community’s Quasi-Regime of Intellectual Property, 91 N.D. L. Rev. 634 (2015). Abstract: Intellectual property grants artificial monopolies to authors, and this practice has long been justified as an economic bargain necessary to encourage new authors. Show More Summary

Seen in Cambridge

4 months agoIndustries / Law : 43(B)log

Is this really a Pop Tart? http://tushnet.blogspot.com/feeds/posts/default?alt=rss

The trademark part of ASTM v. PublicResource.org

4 months agoIndustries / Law : 43(B)log

American Soc. for Testing & Materials v. Public.Resource.Org, Inc., No. 13-cv-1215 (D.D.C. Feb. 2, 2017) The copyrightability/fair use issues are serious and arguable here, but I’m going to focus on the trademark analysis, because unlike the copyright analysis it’s incoherently wrong. Show More Summary

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